Short v. Milby

HARRINGTON, Chancellor:

By deed dated April 11, 1934, John J. Yoder and Mary A. Yoder, his wife, conveyed a tract of land, consisting of approximately eighty (80) acres, in Kent County, to Willard M. Short, single man, and Emma Short, single woman, “their Heirs and Assigns”. But the habendum clause stated that the lands and premises bargained and sold to the parties of the second part “their Heirs and Assigns” were for their use “jointly and not as common tenants their Heirs and Assigns, forever.” This provision limits the general granting clause and is the important provision of the deed in…